1. Employee vs. Employer Contributions
Most people think about dividing only what the employee put in—but that’s just part of the account. The employer’s matching or profit-sharing contributions can also be included. However, these are often subject to vesting. If the employee isn’t 100% vested at the time of divorce, the alternate payee might receive less than expected.
Your QDRO should clearly state how the division applies to both employee and employer funds and whether it’s based on a dollar amount or a percentage as of a specific date, usually the date of separation or divorce filing.

